GQ Corner

Q. If an employee claims sexual harassment at work, is this considered a work injury?

A. Sexual harassment alone, without an injury, would not be compensable. There must be a physical or mental injury as a precursor to a compensable claim. If there were a sexual assault, then presumably there would be physical injuries or perhaps mental trauma.

Q. Is there wording in the Division’s handbook stating the claimant is not responsible for payment if we have accepted the claim as a work comp claim?

A. Section 408.027 states that it is the insurance carrier that should be billed.